A U.S. District Court rejected Argentinaās attempt to vacate a USD 21 million international arbitration award in a proceeding administered by ICSID under the UNCITRAL rules on the grounds of partiality and an improper damage award. Petitioner, the Republic of Argentina, sued to vacate a $20,957,809 international arbitration award entered in favor of Respondent AWG Group Ltd. (“AWG”). Argentina sought to vacate based on claims that (1) there was evident partiality in an arbitrator who…
Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for…
On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (āICC-Rulesā) come into force.…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (āISDSā) provisions under the NAFTA will survive. This note examines the potential effects of such a repeal on investors in NAFTA countries. NAFTA contains 22 chapters dealing with trade and governance issues. NAFTA Chapter 11, titled āInvestment,ā deals with each stateās treatment of investments made by nationals of other NAFTA parties. Chapter 11 provides protections against mistreatment of investments,…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the…
On December 23, 2016 the Brazilian Senate approved a bill for a new law to regulate public bidding procedure (the “Bill”). In Brazil contracts with state entities in principle shall be subject to such public bidding procedures, which include invitation for qualified interested parties to participate in the bid, as well as publication of draft agreements for the biddersā comments before the bid. The Public Bids Bill expressly authorizes arbitration on contracts involving state-owned entities,…
Today the Brazilian Federal Government issued the Provisional Measure 752/2016, with new rules for extending the term of…
At the beginning of the year, the ICC announced that as of this year it will publish the…
On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled āCASā: The āSupreme Court of Sportsā at the 2016 Rio Summer Olympics, featuring Michael Lenard, President of the CAS Ad Hoc Tribunal for the 2016 Summer Olympics. Event details are below. Registration is available on the ABA’s website, here. Format: Teleconference Date: August 30, 2016 Time: 12:00 PM – 1:00 PM ET Sponsor(s): Section of International Law The 2016 Summer Olympics…